January 19, 2019
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       Florida Senate - 2010                      CS for CS for SB 2188
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       Ethics and Elections; and Ethics and Elections
       
       
       
       585-04246-10                                          20102188c2
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 97.0585, F.S., relating
    4         to an exemption from public-records requirements for
    5         certain information regarding voters and voter
    6         registration and for signatures of voters and voter
    7         registration applicants; saving the exemption from
    8         repeal under the Open Government Sunset Review Act;
    9         creating a public-records exemption for specified
   10         personal identifying information of stalking victims
   11         held by the Attorney General or contained in voter
   12         registration and voting records held by the supervisor
   13         of elections or the Department of State; providing for
   14         future legislative review and repeal of the exemption
   15         under the Open Government Sunset Review Act; providing
   16         a statement of public necessity; repealing s. 3 of
   17         chapter 2005-279, Laws of Florida, which provides for
   18         repeal of the exemption for information regarding
   19         voters and voter registration; providing an effective
   20         date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 97.0585, Florida Statutes, is amended to
   25  read:
   26         97.0585 Public records exemption; information regarding
   27  voters and voter registration; confidentiality.—
   28         (1) The following information concerning voters and voter
   29  registration held by an agency as defined in s. 119.011 is
   30  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   31  of the State Constitution and may be used only for purposes of
   32  voter registration:
   33         (a) All declinations to register to vote made pursuant to
   34  ss. 97.057 and 97.058.
   35         (b) Information relating to the place where a person
   36  registered to vote or where a person updated a voter
   37  registration.
   38         (c) The social security number, driver’s license number,
   39  and Florida identification number of a voter registration
   40  applicant or voter.
   41         (2) The signature of a voter registration applicant or a
   42  voter is exempt from the copying requirements may not be copied
   43  and is exempt for that purpose from the provisions of s.
   44  119.07(1) and s. 24(a), Art. I of the State Constitution.
   45         (3) The names, addresses, and telephone numbers of persons
   46  who are victims of stalking or aggravated stalking are exempt
   47  from s. 119.071(1) and s. 24(a), Art. I of the State
   48  Constitution in the same manner that the names, addresses, and
   49  telephone numbers of participants in the Address Confidentiality
   50  Program for Victims of Domestic Violence which are held by the
   51  Attorney General under s. 741.465 are exempt from disclosure,
   52  provided that the victim files a sworn statement of stalking
   53  with the Office of the Attorney General and otherwise complies
   54  with the procedures in ss. 741.401-741.409.
   55         (4)(3) This section applies to information held by an
   56  agency before, on, or after the effective date of this
   57  exemption.
   58         (5) Subsection (3) is subject to the Open Government Sunset
   59  Review Act in accordance with s. 119.15 and shall stand repealed
   60  on October 2, 2015, unless reviewed and saved from repeal
   61  through reenactment by the Legislature.
   62         Section 2. Section 3 of chapter 2005-279, Laws of Florida,
   63  is repealed.
   64         Section 3. The Legislature finds that it is a public
   65  necessity that the names, addresses, and telephone numbers of
   66  victims of stalking or aggravated stalking, which are held by
   67  the Office of the Attorney General or contained in voter
   68  registration records and voting records held by the Department
   69  of State or the supervisor of elections, be made exempt from
   70  public-records requirements. The victims, who may be members of
   71  the voting public, must be afforded the ability to participate
   72  in the election process. However, the department and supervisor
   73  of elections must maintain a verifiable address in order to
   74  place the voter in the proper voting precinct and to maintain
   75  accurate records for compliance with state and federal
   76  requirements. The public-records exemption for the name is a
   77  public necessity because access to such name narrows the
   78  location of a stalking victim to a specific, geographic voting
   79  precinct. In addition, access to the address and telephone
   80  number provides specific location and contact information for
   81  the victim. Therefore, access to the name, address, and
   82  telephone number defeats the goal of providing safety and
   83  security. Allowing victims of stalking or aggravated stalking to
   84  use a substitute mailing address designated by the Office of the
   85  Attorney General facilitates the goal of providing safety and
   86  security. Thus, the Legislature finds that it is a public
   87  necessity to make exempt from public disclosure the names,
   88  addresses, and telephone numbers of victims of stalking or
   89  aggravated stalking held by the Office of the Attorney General,
   90  by the department, or by a supervisor of elections.
   91         Section 4. This act shall take effect upon becoming a law.

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